The strata council of Strata Plan LMS6789 in Surrey has five members. The council decided, without a formal meeting, to approve a painting contract for stairwells for $10,000. They communicated this decision through a series of emails where four out of five council members explicitly agreed. The fifth member, away on vacation, was emailed but did not respond. Is this decision binding on the strata corporation?

Question: The strata council of Strata Plan LMS6789 in Surrey has five members. The council decided, without a formal meeting, to approve a painting contract for stairwells for $10,000. They communicated this decision through a series of emails where four out of five council members explicitly agreed. The fifth member, away on vacation, was emailed but did not respond. Is this decision binding on the strata corporation?

Answer options: ✅ No, because all council members must consent in writing to a decision made between meetings.

• Yes, as 4 out of 5 council members constitutes a majority decision by the council.
• Yes, because email is considered a valid form of written consent.
• No, because any decision over $5,000 requires a full council meeting.

Correct answer: No, because all council members must consent in writing to a decision made between meetings.

Explanation: Standard Bylaw 10(4) allows for decisions of the council to be made between meetings if all council members consent to the decision in writing. Since one member did not consent, the decision is not binding.